Challenging The Breathalyzer Test Results When Stopped For Suspicion of DUI in Virginia

When stopped by a law enforcement official for suspicion of DUI in Virginia, you are likely to be asked to take a breathalyzer test. Motorists in Virginia have given implied consent to the testing as soon as they receive their driver's license and sit behind the wheel of a car. So while you may not challenge or refuse taking the test on the side of the road, you may be able to challenge the results in court.

The machines and procedures used to conduct sobriety tests in the field are not fool-proof and there can be multiple reasons for a false-positive result. Depending on the situation and facts, you may be able to challenge the findings for reasons such as:

  • Inaccuracy in conducting or interpreting the results of the breathalyzer test; also known as human error
  • Lack of training, or improper training of the testing operators at the time of testing
  • Faulty machinery, as evidenced by the false-positives from radio interference in some cases
  • Personal factors and characteristics of the accused DUI operator, including gender, diet, drinking habits, weight, height and age
  • Health-related issues such as acid reflux disease or other medical conditions
  • Prescription medications from a licensed physician or health care provider.

This list of possible reasons to challenge the results of a breathalyzer test in Virginia is not all-inclusive and we are always looking for new ways to assist our clients. For more information on how the most experienced DUI Attorneys in Virginia can help you, contact Boone Beale today. With offices throughout all of Virginia, we are close enough to be local but experienced enough to win your case.


BOONE BEALE'S TALENTED TEAM OF ATTORNEYS CAN ASSIST YOU WITH THE APPLICATION PROCESS. CONTACT US AT ANY OF THE FOLLOWING NUMBERS:

NORTHERN VIRGINIA:
CENTRAL VIRGINIA:
TIDEWATER AREA:
703-690-1222
804-780-1111
757-351-0808

CALL US, WE CAN HELP!